t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. >>> welcome back to "the kudlow report." the supreme court will hear oral arguments in a pair of cases that could have enormous social implications for the nation, mainly whether same-sex couples should have the right to marry. rather than nine black robed justices, why not use democratically elected state by state institutions, legislatures, referenda, for these evolving issues. we have former dnc chair and cnbc contributor howard dean, and kelly ann conway, president and ceo of the polling company. keith boykin and jim pathokoupas are still with us. governor dean, why not allow this to be done state by state democratically? why should these nine people make a decision for the entire country? >> i can think of most cases where it hasn't been done unanimously. if you'd done this with brown versus the board of education, you'd still have segr